Court to rule on PNC disqualification case on Nov 10

The Accra High Court hearing the case between the People’s National Convention (PNC) and the Electoral Commission (EC) has set November 10 for the final ruling in the case.

The court set the date after both parties informed the Court that, they had filed their statements of cases, supporting affidavits and other relevant documents and it gave them five minutes each to give their oral submission on their statement of cases filed earlier.

The Attorney General however notified the Court that they have not been able to file, as ordered, but were in the process of doing so this morning.

Lead Counsel for the PNC, Mr Raymond Atuguba in moving their motion argued in relation to the fundamental human rights, capacity, violation of the applicants’ right to justice, and other rights.

He said it is impossible to separate the fortunes of a political party from its presidential candidate, adding that the EC violated six rights of the applicants and acted unreasonably by not accepting his nomination forms.

Mr Atuguba said the EC should have provided the applicant the opportunity to correct the error in their forms.

Mr Thaddeus Sory, Counsel for the EC, in responding said electoral matters are in accordance to procedures, and whatever rights one have is subject to overriding public interest.

He said the Supreme Court ruling on the election petition case should have taught the applicant the lessons that some errors are punishable while others are not.

He said from the applicants own submission, if we postpone our constitutional requirement and allow him to fill forms we would never have the elections and he would never become president because he would still be correcting errors.     

At the last sitting the Court ordered parties to file their statements of cases, supporting affidavits and other relevant documents by Friday, November 4.

The PNC went to Court after the EC excluded its presidential candidate from taking part in the December 7 presidential poll.

The Party contended that its Flagbearer’s constitutional rights had been breached by excluding him in the December polls.

The PNC is praying the Court to restore its constitutional rights and quash the decision of the EC disqualifying the leader and for him to be included in the polls.

The EC disqualified Dr. Edward Mahama and 12 other presidential aspirants from contesting the December elections after failing to meet the necessary requirements.

The Commission, in the case of Dr. Mahama, stated that two subscribers of his nominations had also subscribed for another presidential candidate, which was against the regulations set out.